Arizona is a community property state wherein assets and debts are equitably divided. However, it is important to remember that equitable does not mean equal (50/50); it means fair. At kdlaw, P.C. we will guide you through this emotional, factual and legally complex arena while keeping at the forefront not just today’s interest but your future best interest as well.
LEGAL DECISION MAKING/
Legal decision making (custody) relates to major parenting decisions much as medical, education and religious upbringing. Parenting time formerly known as visitation, is the time spent by each parent with the minor child. Sole legal decision making (sole custody) is the decision making process where major decisions regarding the minor child or children are made by one parent.
Joint legal decision making (joint custody) is the decision making process where major decisions regarding the minor child or children are made by both parents. Legal decision making and parenting time are determined by Arizona Law.
Determining legal decision making (custody), parenting time and financial support can be a challenging task for any parent. Seeking the advice of a qualified attorney may help you better understand your rights and responsibilities.
The purpose of child support is to establish a standard of support for child(ren) consistent with the reasonable needs of the child(ren) and the ability of the parents to pay. Arizona uses the income shares model to determine child support which follows the theory that the child(ren) should be entitled to the same level of expenditures that the child(ren) would have received had the parents lived together and combined their incomes.
SIMPLE TO COMPLEX
Our attorneys are highly skilled trial lawyers with extensive litigation experience. We have represented countless clients in court with a broad spectrum issues ranging from simple dissolution and child support matters to highly complex financial, dissolution of marriage, legal decision making/parenting time and post decree modification and enforcement issues.
Our attorneys recognize every case is uniquely different and each matter requires personal attention and exceptional diligence. Our lawyers will evaluate your case, strategize methods best suited for your matter and collectively choose the path in your best interest. Whether private mediation or arbitration to ensure the utmost discretion or litigation when settlement is unattainable, our attorneys have exceptional negotiation, mediation and litigation skills. Our lawyers have a broad network of financial, valuation, estate planning, real estate, asset protection and business litigation experts at our disposal to assist when representing clients with substantial marital estates.
Modifications of parenting time, child support, spousal maintenance and other post Decree issues are typically encountered after a Decree of Dissolution, Legal Separation, Annulment or Judgment is entered by the Court. These matters normally address the modification or enforcement of existing court orders or agreements.
Alternative Dispute Resolution is the term for a full range of methods in which parties can resolve their disputes or conflicts amicably and without the need for a trial. These services can be voluntary or court ordered and be achieved through the Court or with the use of private mediators.
In any relocation case the court must apply Arizona law to determine whether one parent’s relocation shall be permitted.
Relocations can be very emotional and time consuming and seeking the advice of a qualified attorney will help you navigate your way through this difficult process.
Prenuptial agreements (also called premarital and antenuptial agreements) establish spouses’ property and financial rights in the event of a divorce for new husbands and wives who are entering into a new marriage. While no one contemplates divorce when marrying, it is commonly known approximately 50% of all U.S. marriages end in divorce. With that statistic in mind, many consider prenuptial agreements as an avenue to minimize the adversarial nature and cost of divorce.
Spousal maintenance is defined as the payment of monies from one spouse to the other as means of support; the Court may order spousal maintenance as a part of your divorce proceedings pursuant to Arizona Law. In determining whether either party qualifies for spousal maintenance the Court will consider numerous factors, including but not limited to: income and earnings, age, health, length of marriage, waste committed during marriage, education, work history and need.
Mediation provides individuals with a cost effective avenue to resolve their matters without litigation. With help of a trained mediator, the parties can discuss, negotiate and work towards amicable and sustainable resolution of their disputes.